Muhammadi (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving the applicant, Mr. Muhammadi, and the Department of Home Affairs concerning a Visitor (Class FA) visa, Subclass 600. The core of the dispute revolved around the prescribed fee for the visa application and its subsequent non-payment, which the Tribunal found to be a jurisdictional impediment.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the decision to refuse the visa application. This question turned on the interpretation of section 338(7) of the *Migration Act 1958* (Cth) and its interaction with section 347 of the Act, specifically concerning who is entitled to make an application for review of certain prescribed decisions.

The Tribunal reasoned that the decision under review fell within the ambit of section 338(7), which stipulates that only a "relative" as defined in that subsection can apply for a review of such a decision. In this instance, the application for review was lodged by the visa applicant himself, not by a relative. Consequently, the Tribunal concluded that the application for review was not properly made under section 347 of the *Migration Act 1958* (Cth).

As a result of this finding, the Tribunal determined that it lacked jurisdiction to hear and determine the application for review. The application was therefore dismissed on jurisdictional grounds.